Patna High CourtCR. MISC./52128/2022allowed

Raj Kumar Choudhary v. The State Of Bihar

2023-02-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52128 of 2022 Arising Out of PS. Case No.-917 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== Raj Kumar Choudhary Son Of Satendra Choudhary R/V- Dumrow, P.SBiharsharif, Dist- Nalanda At Present Resident At Utri Sangat, Phulwarisharif, P.S- Phulwarisharif, Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 20, 21(b), 22, 27 of the N.D.P.S. Act. There is recovery of 18 grams of brown-sugar from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The processes under Section 50 of the N.D.P.S Act has not been followed in

Patna High Court CR. MISC. No.52128 of 2022(3) dt.02-02-2023 2/2 the case of the petitioner. Moreover the recovered contraband is under commercial quantity. The petitioner is languishing in custody since 05.11.2021. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the quantity of the recovered contraband and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, IV, Patna in connection with Special NDPS Case No. 166 of 2021, arising out of Phulwarisharif P.S. Case No. 917 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T